if before the delivery, the agency and the supplier of goods agreed to change the specifications, such as the length of the items but with no additional cost. however the quantity was decreased based on the length of the new item. Is there a need for rebidding or an amendment to contract? what are the requirements? thanks...

Last edited by 1974jamescastillo on Fri Nov 11, 2011 11:31 am; edited 1 time in total

1974jamescastillo wrote:if before the delivery, the agency and the supplier of goods agreed to change the specifications, such as the length of the items but with no additional cost. however the quantity was decreased based on the length of the new item. Is there a need for rebidding or an amendment to contract? what are the requirements? thanks...

Hello. i think you are referring to an AMENDMENT TO ORDER as allowed under the PBD (Goods) of your Contract. These ORDERS may be used by the PE/Supplier as long as the increased/decreased of the amount may not go beyond 10% of the Original Contract Cost.. You should also consider that if you do the Orders it must always be at the advantage of the PE.. By the way may I ask if what UNIT/s did you used in your Bill of Quantities for that particular good/s?

1974jamescastillo wrote:if before the delivery, the agency and the supplier of goods agreed to change the specifications, such as the length of the items but with no additional cost. however the quantity was decreased based on the length of the new item. Is there a need for rebidding or an amendment to contract? what are the requirements? thanks...

Hello. i think you are referring to an AMENDMENT TO ORDER as allowed under the PBD (Goods) of your Contract. These ORDERS may be used by the PE/Supplier as long as the increased/decreased of the amount may not go beyond 10% of the Original Contract Cost.. You should also consider that if you do the Orders it must always be at the advantage of the PE.. By the way may I ask if what UNIT/s did you used in your Bill of Quantities for that particular good/s?

Amendment to Order (Annex D of the IRR) may be allowed but limited only in emergency cases or during fortuitous events which require adjustments in the general scope of the contract, and limited only to the following:a) drawings, design or specifications, if the goods to be furnished are to be specifically manufactured for the procuring entity;b) method of shipment or packing;c) place of delivery;d) additional items needed and necessary for the protection of the goods, which were not included in the original contract.

If your amendment to order involves changes in the specifications and quantity, without changes in contract price, I do believe that the situation would call for another bidding.

In Infotech vs. COMELEC, the Supreme Court nullified the award of contract for the automation of counting and canvassing of ballots in 2004 elections on the ground, among others, "that it permitted the winning bidder to change and alter the subject of the contract, in effect allowing a substantive amendment without public bidding."

In Agan vs. PIATCO, the SC rationated that "if the winning bidder is allowed to later include or modify certain provisions in the contract awarded such that the contract is altered in any material respect, then the essence of fair competition in the public bidding is destroyed."

section 1.1 of annex D, CONTRACT IMPLEMENTATION GUIDELINES FOR THE PROCUREMENT OF GOODS, SUPPLIES AND MATERIALS states that "Subject to the conditions set forth below, amendments to order may be issued at any time by the procuring entity concerned. If any such order increases or decreases the cost of, or the time required for executing any part of the work under the original contract, an equitable adjustment in contract price and/or delivery schedule shall be mutually agreed upon between the parties concerned, and the contract modified in writing."